The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court.

• Author: Ragan, Scott
• Position: Book review

The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supr eme Court

By Cliff Sloan and David McKean

"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each." Marbury v. Madison, 5 U.S. 137 (1803).

With these words from the historic decision in Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, boldly claimed the right of the judiciary to be the final arbiter of the meaning of the Constitution. While this concept is often taken for granted today, authors Cliff Sloan and David McKean make clear in their new book, The Great Decision, that the notion of judicial review was far from resolved during the first years of the republic. In fact, with its undefined powers and lack of real leadership, the judicial branch was largely viewed as the junior partner among the three branches. That would soon change, however, with John Marshall's appointment by John Adams in 1801.

Marshall, interestingly, was actually Adams' second pick for Chief Justice. (The first, Oliver Ellsworth, felt the office lacked "energy, weight, and dignity.") After being confirmed, Marshall, through force of will, began to alter the way the Court conducted business in ways both large and small.

Along with fostering a more collegial atmosphere among the Court's members. Marshall also started the practice of the justices wearing black robes while in session. More importantly, Marshall encouraged the Court to issue single, joint opinions, as opposed to each judge issuing a separate opinion, as had previously been the custom.

With respect to the Marbury decision itself, the book gives the reader a detailed, behind-the-scenes look at the issues and parties involved. William Marbury was one of several judicial appointments made by...